Venue won't pay!

the bride

I am new to this forum and was wondering if anyone can help me. I manage my own business, ie covers bands and stuff and we did a gig for an agent a couple of weeks ago in Cork, and when we went to get paid, the manager said that the guy with the money wasn't here and he didn't have enough money to pay he, he tried ringing the guy and he wouldn't answer his fone, so the manager paid me some of the money and said he would sort the rest out with the agent on Mon. Since then the agent hasn't been able to get in contact with the guy who was going to pay us, everytime we ring the pub they say he is out sick. I am still owed 800.00 and have other band members to pay. There was no reason for not paying the money and the gig went well that night and there was a good crowd. I am just wondering what do I do now, the only thing I have in writing is a receipt from the venue manager saying how much he paid me and how much he still owes me. I would be gratefull for any advise you can give me. Cheers

highlydebased

Was a contract signed?

MarkR

In general I would advise them that you want the money within a certain time frame, say five working days. If that doesn't happen advise that you'll be going through the small claims court. Google it and you'll find the documents you can print out. Is there some kind of entertainment union in ireland, or some kind of magazine that they all use? Advise him that you'll be contacting other local bands to advise them that they may not get paid for gigs there.

Tom Young

Well actaully, you could also report that to the Gardai. Be precise and accurate.

Deception Making Loss or Gain is covered under the 2001 TFO Act.

6.—(1) A person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception induces another to do or refrain from doing an act is guilty of an offence.

(2) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both

You fulfilled your contract. I'd deal with it that way.

the bride

Hi Guys, thanks for your replies. As with most small gigs in Ireland, no contract was signed, the only paper work I have is the receipt he gave me. And I can't get hold of either of the two managers in the pub, and the agent isn't having much, although I did inform the agent that he had untill Wednesday to get hold of them or I would go to a solicitor..I am wondering though, as I did the gig for the agent is he obliged to pay the money or do I have to go to the venue directly?..Thanks Tom I wasn't aware that the police could do anything about it, and to anwer your question MarkR unfortunetly there isn't a musicians union in Ireland as such that would deal with it.

Trojan911

Tom Young wrote:

Well actaully, you could also report that to the Gardai. Be precise and accurate.

Hi Tom,

I'm open to correction here however, this looks more like a civil action through the small claims court.

Nobody appears to be refusing to pay the monies owed, it appears the op is getting the run around at present & part payment has also been recieved. You would have to prove the dishonesty and intent for the Gardaí to become involved.

TJ911...

Tom Young

Yes, I guess I might have been a little hard line. Under contract and the rule in Pinnel's Case (1602) is that part-payment of a debt is not good consideration for a promise to forgo the balance. Thus, if A owes B and B accepts X in full satisfaction on the due date, there is nothing to prevent B from claiming the balance at a later date, since there is no consideration proceeding from A to enforce the promise of B to accept part-payment.

Exceptions to this rule are: Part Payment by a Third Party, Composition Agreements (creditors agreements) and Promisory Estoppel.

Per facts, a promise to accept a smaller sum in full satisfaction will be binding on a creditor where the part-payment is made by a third party on condition that the debtor is released from the obligation to pay the full amount. That is not the case, in my view.

I like your tag line once your not shooting blanks.